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Terms & Conditions And Service Level Agreement/ For Hiring Of Transport Services On Half-Day/Full Day/Monthly/Yearly Basis

    • Accordingly, transport services on hiring basis are required on the following basis:

      1.

      Annual Basis

      Monthly Mileage 2400 kms and Monthly Duty Hours 300 hours.

      2.

      Monthly Basis

      Monthly Mileage 2400 kms and Monthly Duty Hours 300 hours.

      3.

      Per Day Basis

      Daily Mileage 80 kms and Daily Duty Hours 10 hrs.

      4.

      Half Day Basis

      Half Day Mileage 50 kms and Duty Hours 5 hrs

  1. The Hiring of vehicles will be for Sedan as well as Hatchback cars in the following categories:
    1. 800 cc to 1200 cc
    2. Above 1200 cc up to 1600 cc
    3. Above 1600 cc upto 2500 cc
  2. The vehicle should be registered as commercial vehicles.It should not be more than TWO(2) years older and should not have run more than 1,00,000 Km at time of contract and also during the contract period. As soon as 1,00,000 Km are over, new vehicle with less than 1,00,000 Km running shall be provided.
  3. The Hiring Charges should be specified (exclusive of service tax), as per the format of commercial proposal enclosed in Appendix-2. Toll Tax, Octroi,Parking Charges and other statutory levies, if any, paid during the journey would be billed on actual.
  4. The hiring charges will be inclusive of fuel cost, lubricants, spare parts, maintenance, salary of the drivers/staff, payment of insurance/road/state taxes/permit/certificateetc. However, the vehicle/taxi will keep sufficient stock of BIS marked packaged drinking water which may be provided to user on demand on actual or the spot payment basis.
  5. The vehicles provided by the service provider should have valid Registration Certificate, Full comprehensive insurance to cover third party and occupants, fitness certificate, PUC, Road Tax, permitetc and any other relevant permits/licenses essentially required by the RTO and any other statutory bodies for the operations of the vehicles, and must be revalidated before the expiry of the due date during the tenure of the contract period.
  6. The service provider shall take comprehensive insurance with third party unlimited liability risk of the vehicles detailed for the user department requirement. User shall not be liable for any damages whatsoever to public property and /or any third person due to any accident arising out of and in the course of deployment of contractor’s vehicle by user.
  7. The service provider shall be solely responsible for any claims by any third party and/or employees of user department traveling in the vehicle for any injuries caused by the driver of the vehicle whether by accident or otherwise.
  8. In the event of any break-down, servicing and repairs of vehicles, the service provider at his own cost shall make alternate arrangement by providing similar class of vehicle for which agreement is entered into. Failure to do so will evoke penalty clause.
  9. The user department will in no way be responsible for violation of traffic rules and /or infringement of any other law for the time being in force, either by the driver of the vehicle or by the service provider. The driver as well as service provider shall comply with relevant rules and regulations of Motor Vehicles Act and Rules applicable at present and as may be enforced from time to time for which user departments would not be liable/responsible in any manner whatsoever.Onus of compliance of all the applicable Laws/Acts/Rules including those under Motor Vehicle Acts/Rules shall rest with the service provider only and user/user departments will not be liable in any manner.
  10. The service provider shall ensure that the vehicles deployed by him are maintained well, cleaned thoroughly both internally and externally, boot kept clear off dust, rubbish, oil and any personal belongings of the driver. Adequate spares such as bulbs, belts, spare tyres etc in good condition shall be kept in the vehicles at all times along with toolkit for use, if necessary. Also, all vehicles should have an emergency medical kit and Fire Extinguisher.
  11. The service provider shall be responsible for ensuring compliance with the provisions related to Labour Law [Central/State] and specially Minimum Wages Act, Payment of Wages Act, PF, ESI Act, Payment of Bonus Act, Contract Labour [R&A] Act, Workmen Compensation Act. Etc. as applicable from time to time. The employees of the service provider shall not be deemed to be employees of the user department hence the compliance of the applicable acts laws will be the sole responsibility of the service provider.
  12. The service provider shall be personally responsible for any theft, misconduct and /or disobedience on the part of drivers so provided by him.
  13. During the contract period, if the vehicle is seized or detained or requisitioned by Police/Motor Vehicle Authority or any other authorities for whatsoever reasons that will be at the service provider’s risk. Also, alternate vehicle will be provided by Service provider without any extra charges.
  14. The cars deployed for duty for the user department shall at no point of time carry any person other than personnel authorized by user department. The service provider has to ensure the safety of passengers by avoiding negligent driving by their drivers such as over speed, rash driving, and driving vehicle without brakes/defective brakes.
  15. Separate duty slip will be maintained for each vehicle, which will be signed by the authorized signatory of the user department. Before each car is allotted for duty, the odometer reading shall be noted down by the driver and subsequent entries for starting time/closing time, places visited etc. for each duty during office hours and after completion of duty, the driver shall again note down the odometer reading and get it checked and signed by the user of the vehicle deployed by the administration of the user department. On the basis of each vehicle’s duty slip, the service provider shall prepare monthly bills enclosing therewith a consolidated statement of each vehicle’s monthly running and original copies of duty slip.
  16. The service provider shall provide at his own cost proper uniform and badges as per DELHI MOTOR VEHICLES RULES, 1993 (amended upto date)* and photo identity cards to the drivers. The service provider shall be responsible for the acts and deeds of drivers of the vehicles including following:

    1. The drivers/staff of the vehicles deployed for user department duties should be non-smoker, nor user of any tobacco, maintain polite & courteous behavior towards users as well as to staff.
    2. Driver must possess a working mobile phone whose number should be given to user by service provider.
    3. Driver should have valid commercial driving license.
    4. Driver should wash his uniform every day.
    5. The driver should not be under influence of liquor or any other intoxicants or smoke while on duty. In the event of such happenings, the driver will have to be removed from services and any damages caused by such contractor’s employees will be totally borne by the contractor.
    6. Any complaint from the users/staff of the user department with respect to their behavior/ uniform will be viewed seriously and it will be brought to the notice of the service provider, who shall take suitable action.
  17. At the option of the Govt. user Service provider shall provide vehicle tracking system and will submit the record /data of journey including pickup time and drop time along with mileage.

  18. A logbook of each instance of violation of contractual obligations by the vendor as mentioned in Appendix-1 shall be maintained online. Every violation shall attract penalty as mentioned against each obligation in Appendix-1. Before imposing a penalty, the user department will provide 3 days prior notice to the vendor to make its representation. The vendor confirms and agrees that penalty whenever becomes payable the same shall be deducted by the user department from the payments due to the vendor.

  19. The service provider shall submit his monthly bills in triplicate towards the service rendered on the previous month to the user. Payment shall be effected by credit into the bank account of the service provider through ECS/RTGS within 10 days from the date of receipt of bills with supporting documents, complete in all respect. The service provider will have to intimate the bank account number and other details of the bank to enable the user department to credit the payment directly into the account.

    User department shall pay the vendor all amounts on an invoice, that are not the subject of a bona fide dispute, within 10 days after department’s receipt of a valid invoice that complies in all material respects in terms of this Agreement; the payment shall be subject to any deductions such as penalties, statutory deduction etc.

    * For other state the relevant Motor Vehicle Rules of that state will be applicable. Say for Bhopal, Madhya Pradesh Motor Vehicle Act will be applicable.

Penalties for Non-Compliance of Service Level Agreement: Appendix-1

Penalties will be levied on the service provider for the violation of Service Level Agreement of the contract as mentioned below:

  1. Major Penalties: The following incidents will be considered as major penalties and will attract immediate termination of the services for their non –compliance:

    S No.

    Major Incident

    1.

    No Valid Registration papers of the vehicles

    2.

    No Valid Comprehensive Insurance

    3.

    No Valid Pollution Under Control (PUC) Certificate

    4.

    Odometer Tampering and Odometer not working

    5.

    Tampering with Log Book

  2. Other Penalties:

    S. No

    Service Level Agreement

    Penalties for Non-Compliance

    1

    Back Up Vehicle - To be provided within 30 minutes

    In case of default the transporter must reimburse taxi charges claimed by the employee

    1st Offence (in Rs.)

    2nd Offence (in Rs.)

    3rd Offence (in Rs.)

    2

    Fire Extinguisher missing

    100/-

    200/-

    500/-

    3

    First Aid Box missing

    100/-

    200/-

    500/-

    4

    Tool Kit missing

    100/-

    200/-

    500/-

    5

    Mobile with Driver missing/not functioning

    200/-

    400/-

    1000/-

    6

    Vehicle Missing without information

    500/-

    1000/-

    Contract Terminated

    7

    Driver without License

    200/-

    500/-

    Driver Terminated

    8

    Vehicle without proper document

    200/-

    500/-

    Driver Terminated

    9

    Driver without Uniform

    100/-

    200/-

    300/-

    10

    Uniform not washed everyday

    100/-

    200/-

    300/-

    11

    Vehicle delayed beyond 10 minutes an up to 30 minutes at 1st pick up

    200/-

    400/-

    1000/-

    12

    Vehicle delayed beyond 30 minutes

    Rs. 1500/- or user can hire another vehicle (taxi) and the Service provider must reimburse taxi charges claimed by the user on actual.

    13

    Misbehavior with staff

    1000/-

    Driver Terminated

    14

    Exterior and interior, including seat covers, floor mattresses, dash board, windows not clean

    100/-

    200/-

    500/-

    15

    Re-fuelling while pickup/ drop

    250/-

    500/-

    1000/-

    16

    Driver found under the influence of Alcohol or any other intoxication substance

    500/-

    Driver Terminated

    17

    Driver smoke while driving

    500/-

    1000/-

    Driver Terminated

    18

    Driver engage in distracting conversation or loud music or take calls while driving

    200/-

    500/-

    1000/-

    19

    A/C not working (if air conditioned vehicle)

    500/-

    1000/-

    2000/-

    20

    Over speeding

    200/-

    500/-

    1000/- plus driver terminated

Appendix-2

Format for Commercial Proposal


I. FINANCIAL BIDS for Hiring of vehicles on Annual basis

Sl. No.

Model/Make

Fixed Monthly Charges for 2400 kms per month and 300hrs per month (Excl. of Service Tax) (in Rs.)

Charges for extra kms beyond the limit of 2400 km per month (Excl. of Service Tax) (in Rs. per km)

Charges for extra hours beyond the limit of 300 hrs per month (Excl. of Service Tax) (in Rs. per hour)

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

4

 

 

 

 

5

 

 

 

 

6

 

 

 

 

Service Tax shall be payable Extra as Applicable.


II. FINANCIAL BIDS for Hiring of vehicles on Monthly basis

Sl. No.

Model/Make

Fixed Monthly Charges for 2400 kms per month and 300hrs per month (Excl. of Service Tax) (in Rs.)

Charges for extra kms beyond the limit of 2400 km per month (Excl. of Service Tax) (in Rs. per km)

Charges for extra hours beyond the limit of 300 hrs per month (Excl. of Service Tax) (in Rs. per hour)

1

 

 

 

 

2

 

 

 

 

3

 

 

 

 

4

 

 

 

 

5

 

 

 

 

6

 

 

 

 

Service Tax shall be payable Extra as Applicable.